Third Party Funding In Investment Arbitration

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Third-Party Funding in International Arbitration

Author : Lisa Bench Nieuwveld
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161120
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld

Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

Third-party Funding in International Arbitration and Its Impact on Procedure

Author : Jonas von Goeler
Publisher :
ISBN 13 : 9789041150158
Total Pages : 0 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis Third-party Funding in International Arbitration and Its Impact on Procedure by : Jonas von Goeler

Download or read book Third-party Funding in International Arbitration and Its Impact on Procedure written by Jonas von Goeler and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.

The Function of Equity in International Law

Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0192638270
Total Pages : 224 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Function of Equity in International Law by : Catharine Titi

Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Third-Party Funding in Investment Arbitration

Author : Can Eken
Publisher : Springer Nature
ISBN 13 : 3031636201
Total Pages : 240 pages
Book Rating : 4.0/5 (316 download)

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Book Synopsis Third-Party Funding in Investment Arbitration by : Can Eken

Download or read book Third-Party Funding in Investment Arbitration written by Can Eken and published by Springer Nature. This book was released on with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Third-party Funding in International Arbitration

Author : Bernardo María Cremades
Publisher : Kluwer Law International
ISBN 13 : 9789041161000
Total Pages : 0 pages
Book Rating : 4.1/5 (61 download)

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Book Synopsis Third-party Funding in International Arbitration by : Bernardo María Cremades

Download or read book Third-party Funding in International Arbitration written by Bernardo María Cremades and published by Kluwer Law International. This book was released on 2015-04-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. 0The authors analyze and assess the legal regime in a variety of countries based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in that jurisdiction. They describe how courts and legislative bodies around the world have thus far handled the major ethical issues and concerns that affect the practice of third-party funding.

Finances in International Arbitration

Author : Sherlin Tung
Publisher :
ISBN 13 : 9789403506340
Total Pages : 512 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Finances in International Arbitration by : Sherlin Tung

Download or read book Finances in International Arbitration written by Sherlin Tung and published by . This book was released on 2019-11-26 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finances in International Arbitration' focuses on various aspects of finances of arbitration, such as evaluating the costs of disputes, arbitral institution costs, financing of disputes, recovery of costs of arbitration and other related financial matters. Costs of arbitration have always been a main concern in international arbitration. It is a topic most often discussed and analysed. In spite of the recent developments in third-party funding regulations as well as other mechanisms made available to users of arbitration to reduce costs, the topic remains a key focus for users of arbitration. This book celebrates the career of Patricia Shaughnessy, in particular, for the establishment of the top-ranked Masters of Law (?LLM?) programme in International Commercial Arbitration at Stockholm University. Over twenty-five renowned practitioners and academics worldwide, who have been influenced by Patricia Shaughnessy, explore this much-debated topic on the occasion of her 65th birthday.

Third Party Funding for Dispute Resolution

Author : Beibei Zhang
Publisher : Springer Nature
ISBN 13 : 9811610959
Total Pages : 232 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Third Party Funding for Dispute Resolution by : Beibei Zhang

Download or read book Third Party Funding for Dispute Resolution written by Beibei Zhang and published by Springer Nature. This book was released on 2021-03-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Author : Christina L. Beharry
Publisher : BRILL
ISBN 13 : 9004357793
Total Pages : 516 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by : Christina L. Beharry

Download or read book Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration written by Christina L. Beharry and published by BRILL. This book was released on 2018-04-03 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

International Challenges in Investment Arbitration

Author : Mesut Akbaba
Publisher : Routledge
ISBN 13 : 1351580124
Total Pages : 247 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Challenges in Investment Arbitration by : Mesut Akbaba

Download or read book International Challenges in Investment Arbitration written by Mesut Akbaba and published by Routledge. This book was released on 2018-09-21 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

Building International Investment Law

Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Building International Investment Law by : Meg Kinnear

Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Third Party Funding in International Investment Arbitration

Author : Eric De Brabandere
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Third Party Funding in International Investment Arbitration by : Eric De Brabandere

Download or read book Third Party Funding in International Investment Arbitration written by Eric De Brabandere and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration involves high costs both for the investor and the State appearing in proceedings. A relatively recent phenomenon in international investment arbitration is the financing of the proceedings by a third party funder. The third party funder as such has no interest in the substantive issues of the arbitral proceedings, but instead invests in the proceedings hoping to make a considerable profit upon the settlement of the dispute. International arbitrators have in principle no competence to address the third party funding agreement because their competence is limited to the dispute between the foreign investor and the host State. The funding agreement is thus alien to the legal relations between the foreign investor and the host State. After an analysis of the rationale, concept and principles of third party funding, this Article will analyse whether tribunals may nevertheless use their discretion to intervene in or take into consideration the relationship between the investor and its third party funder, in particular in view of the allocation of costs in the arbitral proceedings. This Article will also investigate whether the existence of a funding agreement is subjected to any rule on transparency and to an obligation of disclosure, in essence in order to ensure the respect of the principle of 'equality of arms'

Litigation, Costs, Funding and Behaviour

Author : Willem H. van Boom
Publisher : Taylor & Francis
ISBN 13 : 1317104234
Total Pages : 262 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Litigation, Costs, Funding and Behaviour by : Willem H. van Boom

Download or read book Litigation, Costs, Funding and Behaviour written by Willem H. van Boom and published by Taylor & Francis. This book was released on 2016-12-08 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

Third Party Funding

Author : Gian Marco Solas
Publisher : Cambridge University Press
ISBN 13 : 1108497748
Total Pages : 365 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Third Party Funding by : Gian Marco Solas

Download or read book Third Party Funding written by Gian Marco Solas and published by Cambridge University Press. This book was released on 2019-09-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.

Private Actors in International Investment Law

Author : Katia Fach Gómez
Publisher : Springer
ISBN 13 : 9783030483951
Total Pages : 263 pages
Book Rating : 4.4/5 (839 download)

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Book Synopsis Private Actors in International Investment Law by : Katia Fach Gómez

Download or read book Private Actors in International Investment Law written by Katia Fach Gómez and published by Springer. This book was released on 2022-02-09 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.

Jurisdiction and Admissibility in Investment Arbitration

Author : Filippo Fontanelli
Publisher : BRILL
ISBN 13 : 9004366490
Total Pages : 199 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Jurisdiction and Admissibility in Investment Arbitration by : Filippo Fontanelli

Download or read book Jurisdiction and Admissibility in Investment Arbitration written by Filippo Fontanelli and published by BRILL. This book was released on 2018-03-27 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.

Third-party Funding in International Arbitration

Author : ICC Institute of World Business Law. Meeting
Publisher :
ISBN 13 : 9789284202027
Total Pages : 176 pages
Book Rating : 4.2/5 (2 download)

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Book Synopsis Third-party Funding in International Arbitration by : ICC Institute of World Business Law. Meeting

Download or read book Third-party Funding in International Arbitration written by ICC Institute of World Business Law. Meeting and published by . This book was released on 2013 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : ""The last decade has seen an exponential growth in both international commercial arbitration and international investment arbitration. Nevertheless, arbitration proceedings can prove to be very costly, and their funding raises the delicate question of the accessibility of arbitration. The solution offered by third-party funding has undoubtedly become a fact of life in the world of arbitration, despite reservations in some quarters. Although continental countries continue to regard it with suspicion, Anglo-Saxon countries have embraced this solution and have already built up a body of experience in the field. This publication considers the various funding techniques specific to international arbitration before looking at some of the legal issues raised by such funding and the reactions it may arouse among international arbitration practitioners. This publication of the ICC Institute of World Business Law's latest contribution to its Dossiers series on new practices in international arbitration and is inspired by the wish to see those practices develop in a way that is compatible with the basic principles that ensure all parties' rights?"

The Investor-State Dispute Settlement System

Author : Alan M. Anderson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.